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FY2024-29 Women's Bay Volunteer Fire Department - Cooperative Fire Protection Agreement with AD DNR Forestry, Fire Protection Division & Cooperator FDs\\dove\borough\CL\U - RECORDS\FORMS\contract transmittal form NJ.docx Rev. 12/23 CONTRACT TRANSMITTAL FORM RETENTION SCHEDULE: CL-09 CONTRACTS R ecords related to obligations under contracts, leases, and other agreements between the borough and outside parties, successful bids, and proposals. Each department maintains the file while the contract is active. once inactive, retain procurements for another 4 years and retain contracts, leases, or agreements involving real property for another 11 years. DEPARTMENT: CONTACT PERSON: CONTRACT NO.: CONTRACT TITLE: VENDOR OR SERVICE PROVIDER: Administrative contracts are contracts approved by the manager within the spending authority allowed by code. Assembly approved contracts are beyond the manager’s spending authority and require approval by the Assembly during a meeting. APPROVED BY: MANAGER ASSEMBLY DATE OF APPROVAL: TYPE OF CONTRACT: EXTENSION OPTIONS: EXPIRATION DATE: PURGE DATE FOR PROCUREMENT (Exp. + 4 yrs): OR PURGE DATE FOR INVOLVING REAL PROPERTY (Exp. +11 yrs): If there’s no expiration date, give the process on how or when this record should be purged or flagged for review. FILL OUT BELOW IF THE RECORD AMENDS, EXTENDS, OR IS A CHANGE ORDER TO A CONTRACT CATEGORY: APPROVED BY: MANAGER ASSEMBLY DATE OF APPROVAL: TYPE OF CONTRACT: EXTENSION OPTIONS: EXPIRATION DATE: PURGE DATE FOR PROCUREMENT (Exp. + 4 yrs): OR PURGE DATE FOR INVOLVING REAL PROPERTY (Exp. +11 yrs): If there’s no expiration date, give the process on how or when this record should be purged or flagged for review. CONTRACT NO. FY2024-29 2024 Cooperative Fire Protection Agreement State of Alaska, Department of Natural Resources, Division of Forestry & Fire Protection and Cooperator Fire Departments Area: Kenai -Kodiak Area Forestry 42499 Sterling Highway Soldotna, AK 99669 Fire Department: Women's Bay Volunteer Fire Department 538 Sargent Creek Road Kodiak, AK 99615 Page 1 of 11 Components 1. Recitals 2. Scope 3. Definitions 4. Appropriate Response 5. Non -Suppression Activities 6. Command of Incident 7. Rates, Billing and Status of Employees and Apparatus 8. Backfill Reimbursement 9. Travel, Meals and Lodging 10. Refurb/Rehab 11. Mutual Aid 12. Automatic Aid 13. Worker's Compensation 14. Liability Insurance 15. Fire Stores/Equipment Guidelines 16. Land Use and Facility Agreements 17. Training Standards 18. Investigation and Prevention 19. Annual Operating Plan (AOP) 20. Notification 21. Parties Responsible for their own Acts. 22. Permits and Laws 23. Non -Waiver 24. Review and Modifications 25. Fair Intent 26. Agreement Effective Date and Termination 27. Workplace Conduct 28. Indemnification Page 2 of 11 1. Recitals It is the intent of AS 41.15.010 that the Alaska Division of Forestry & Fire Protection (Forestry) provide protection from wildland fire and other destructive agents, commensurate with the values at risk, on land that is owned privately, by the state, or by a municipality. It is also recognized by the fire department (Cooperator) that an obligation exists to provide protection to life and property from fires within their area of responsibility, subject to available resources, funding, and personnel. Therefore, it is to the mutual advantage of the Cooperator and Forestry to coordinate efforts in the prevention, detection, and suppression of wildland fires. 2. Scope This agreement outlines the roles and responsibilities for cooperating Fire Departments (FD) when responding to and suppressing Wildland/Urban Interface fires. 3. Definitions Annual Operating Plan (AOP): Negotiated annually between the FD and Forestry to define operational details: Rate Tables, Required Equipment, Training, Documentation and Administrative responsibilities. The Regional Fire Management Officer and Area Fire Management Officer signs the AOP for the Division of Forestry & Fire Protection. The AOP may be different for each fire department due to department policy, city ordinance or union contract. Automatic Aid: The assistance that is dispatched automatically by contract or agreement between two fire departments, communities, or fire districts. Back Fill: When the FD is required to supply a firefighter at their station to comply with Fire Department policy, municipal ordinance, or union contract. Forestry will reimburse backfill overtime costs only. Forestry only pays for the overtime above what the regular salary would have been for the employee(s) deployed. Cooperator: A structural fire department that is in good standing and certified by the State Fire Marshall. For the purpose of this document FD shall be used in all descriptors of a Cooperating Fire Department. Contained or Containment: When a wildland fire has a natural barrier, dozer line, wet line, roads, scratch line, retardant line, etc. around it to keep the fire from spreading. Cooperative Fire Protection Agreement (CFPA): The FD establishes a formal relationship with the Division by signing a Cooperative Fire Protection Agreement (CFPA). The agreement is signed by the fire department's Chief or governing official and sent from the Area, through the Region, to the Central Office for the State Foresters and the Department signatures. The CFPA will be the same statewide for all FD's; all cooperating fire departments will have a signed CFPA prior to hire or use of equipment. Custody: When the operator/personnel remain employees of the FD's, the apparatus remains in operator/personnel custody. When the operator/personnel are hired as Emergency Fire Fighter (EFF), the apparatus remains in Forestry custody during the period of use. During such time, Forestry, as custodian, will exercise ordinary prudence and diligence in the use and care of the apparatus. Control of apparatus and personnel shall follow the Incident Command System. EERA Equipment: Emergency Equipment Rental Agreement (EERA) Equipment includes equipment rented to Forestry that is not fire apparatus. The EERA equipment is registered into the On -Line Application System (OLAS) using Agency Suggested Rates. Page 3 of 11 Fire Apparatus: Fire engine, pumper, tender, tanker, brush rig, fire command vehicle, maintenance truck or such other rolling stock as it's typically used by fire departments for fire suppression purposes. Rates for Apparatus are detailed in the AOP. Fire Response/Service Area: The FD's Fire Service Area or designated area where the FD has primary responsibility for fire protection. This may also include an Auto Response or Mutual Aid Response Area. Mutual Aid Response Area also includes DNR Forestry local Area of responsibility. Fire Stores: Items as needed to complete required minimum equipment inventory or Nominal Unit Supply (NUS) as specified in AOP. Incident Command System: An emergency response management system defined by the National Incident Management System (NIMS) and endorsed by the Governor of Alaska via Administrative Order 170. Incident Business Management Handbook: The AIBMH applies existing State of Alaska administrative, contracting, and financial regulations and Department procedures within the framework of fire business management operations. Chapter 7 of the AIBMH, Cooperator Fire Departments, addresses FD apparatus; this is a separate compartment within the OLAS, "Fire Department". Chapter 6 AIBMH, Equipment Acquisition; addresses FD non -apparatus equipment, this compartment within OLAS is "Vendors". Land Use and Facility Agreements: Temporary rental of property for fire purposes. Land Use and Facility Agreements (LUA) may include, but are not limited to, potable water sources, apparatus water sources, parking facilities, land line services, meeting and training rooms and restroom facilities. LUA pre -season inspections and Letter of Agreements (LOA) are preferred over actual incident occurrence. Licenses and Permits and Insurance - The FD is responsible for obtaining at their own expense, carrying a copy of, and showing proof at the time of hire all necessary licenses and permits required by state and federal law/regulation for both the apparatus and operator/personnel. Mutual Aid: Assistance that is dispatched, upon request, by the responding fire department. Usually, it is requested upon the arrival on scene but can be requested in route if circumstances dictate. Mutual aid should be defined by a signed agreement. OLAS: On-line Application System is used to register, hire, and track FD fire apparatus and EERA equipment. OLAS will be used in the future for entering and tracking the CFPA's and AOPs submitted by FD's. Order for Service: Upon acceptance of an order for service, either verbally or accepting a Resource Order, a binding contract between the FD and Forestry is created incorporating the terms of the CFPA and the AOP, when the apparatus or equipment passes inspection. Property: Structures and other property located within a fire response area excluding forested land as defined in AS 41.15.170. Reporting for Service - The FD is responsible for providing apparatus to Forestry in a good and safe operating condition and will be subject to pre -use inspection at time of hire. If, in the determination of Forestry, the apparatus is not in good, safe operating condition based upon the manufacturer's general safety specifications when it arrives for work, Forestry may reject it. If equipment is rejected, Forestry Page 4 of 11 will not pay any costs, including transportation costs. The operator/personnel shall keep a copy of the CFPA and AOP documents with the apparatus. Termination of Order for Service - There is no guaranteed length of hire under any order for service. Forestry may terminate an order for service when it is determined by Forestry that the apparatus is no longer needed. When the order for service is terminated, Forestry shall be liable only for payments in accordance with payment provisions of this contract for services rendered prior to the effective date and time of termination. In the event the FD requires return of apparatus, the FD shall notify Forestry, and the equipment shall be released within eight hours or at the beginning of the next operational period. Wildland Fire: Uncontrolled burning of grass, brush, timber, and other natural vegetative material. Any non -structure fire that occurs in vegetation or natural fuels. Wildland fire includes prescribed fire and wildfire. 4. Appropriate Response Standard/Initial Response: A response that a FD undertakes in order to meet its general obligation to protect life and property from fires within its Primary Fire Response/Service Area. A Response to a wildland fire begins at the time of notification and ends when the fire has been contained as determined by the Incident Commanders under Unified Command, and when the fire no longer poses a threat to life and property. Unless agreed upon by the Forestry Fire Management Officer (FMO) and the FD's Fire Chief, Forestry is not responsible for FD costs. By mutual agreement when containment has been reached if FD apparatus are requested by Forestry to remain on incident to support Forestry operations, Forestry Dispatch will be notified and Resource Orders for all FD apparatus, personnel and equipment shall be created. Discretionary Response: Within the FD Primary Response Area: a response that occurs after a fire has been contained and Forestry assumes single command of a wildland fire and requests that the FD remain on scene. Forestry will then be responsible for FD costs and create Resource Orders for all FD apparatus, personnel and equipment remaining on scene. Outside of the FD Primary Response Area: a response to a wildland fire at the request of Forestry to a wildland fire outside a FD's Primary Fire Response/Service Area. Forestry is responsible for FD costs. Resource Orders for all FD apparatus, personnel and equipment shall be created, apparatus and equipment shall pass inspection prior to start of service. Unified Command: A method for all agencies or individuals who have jurisdictional responsibility and in some case those who have functional responsibility at an incident to contribute to: • Determining overall objectives for the incident • Selection of a strategy to achieve the objectives • Joint command of the incident for the first shift during initial attack 5. Non -Suppression Activities Prescribed fire (RX) and other fire management projects: Under the direction of Forestry, the AOP may be used for procuring personnel and equipment for Page 5 of 11 other fire management activities such as fuels mitigation and RX projects, inside and outside the FD jurisdictional area. Project work conducted for federal agencies must be performed under the conditions of agreements specific to their agency specific procurement requirements. All Risk Assignments: It is common for wildland fire resources to assist with non -fire incidents. When requested under the authority of the Stafford Act, it is possible for Alaska state and FD resources to assist with these incidents. All such incidents must be handled on a case-by-case basis. FD's should check with the local Division of Forestry & Fire Protection (DOF) Area Office FMO prior to accepting all risk assignments under the CFPA and AOP agreements. 6. Command of Incident Standard/Initial Response: The first responder on -scene shall assume functional command of the incident until the arrival of other responders, after which a Unified Command may be established. Extended Response: By mutual agreement between Forestry and FD's, Forestry will assume single command of the incident once a fire escapes initial attack or is contained. Forestry is fiscally responsible for costs incurred when suppressing a wildland fire during extended attack and mop -up when Forestry is in command. 7. Rates, Billing and Status of Employees and Apparatus • All FD apparatus and EERA equipment will be registered in OLAS. Rate tables for FD apparatus are available in the AOP; for other FD equipment rates review Chapter 6 of the AIBMH. • Apparatus may be hired unstaffed (apparatus only), Staffed or a mix of FD and Department of Natural Resources (DNR) personnel or staffed by all DNR personnel. • Rate tables are reviewed annually by DNR • The Regional Fire Management Officer or designee has the authority to correct or change the invoice in case of accounting errors or needed additions or subtractions from invoice, or if the FD chose the improper category, type, class, or rate in OLAS. • Billing for fire personnel that will remain FD employees (not EFF) needs to be communicated during the resource ordering process and documented on the Resource Order (RO) prior to hire. During the time of hire FD employee names and position on the apparatus will be documented and manifested. • Hourly Rates for FD staff by position only will be established when the AOP is signed. FD's will provide a position qualification list with hourly rates to Forestry. No private information will be included in this list. This list will be used for cross reference at the time of invoice, for FD employee name, position on apparatus and hourly rate. • If FD personnel are hired as EFF this needs to be communicated during the resource ordering process and documented in the Resource Ordering and Status System (ROSS) program prior to hire. EFF personnel will get individual resource orders. Rates will be the established EFF rates based on the position being filled. • Personnel changes or crew swaps during assignments will be communicated through the home area fire dispatch, regardless of hiring method or management level of fire or location of fire. Page 6 of 11 • In the event where an AOP has not been signed by Forestry, rates paid for apparatus will not exceed the latest version of the rates listed in the AOP. • State of Alaska, Division of Forestry & Fire Protection employees remain employees of the State whether they work under FD or Forestry command. FD personnel if hired by Forestry as EFF, will become Forestry employee(s), and are subject to the Conditions of Hire for EFF established in the latest version of the Alaska Emergency Firefighter Type 2 Crew Management Guide and the Alaska Single Resource AD/EFF Casual Hire Guide. 8. Backfill Reimbursement Forestry will reimburse backfill overtime costs only. Forestry only pays for the overtime above what the regular salary would have been for the employee(s) deployed. Backfill reimbursement will be approved only when the FD is required to supply a firefighter at their station to comply with Fire Department policy, municipal ordinance, or union contract. • Backfill reimbursement costs will be billed and segregated from the deployed personnel. • Rates for backfill reimbursement should be attached as an addendum to this document. 9. Travel, Meals and Lodging Travel time between the point of hire and the incident is reimbursable if the incident is outside of a 50 -mile radius of FD service area and authorization for per diem and travel is documented on the Resource Order. Forestry will either pay per diem at established State of Alaska, Forestry rates or provide meals and lodging for FD employees on assignment away from their Primary Fire Response Service Area. 10. Refurb/Rehab With the local Forestry Fire Management Officer (FMO) approval, FD's are allowed up to 4 hours of refurb for an assignment less than or up to 10 days and up to 8 hours of refurb for an assignment longer than 10 days for refurb and rehab of their equipment. 11. Mutual Aid resources requested for a mutual aid request must be pre -approved by Forestry to be eligible for reimbursement. 12. Automatic Aid resources will not be reimbursed unless otherwise requested by Forestry as outlined in their AOP. 13. Worker's Compensation The FD's and Forestry are responsible for Worker's Compensation for their own personnel. 14. Liability Insurance The FD's and Forestry are responsible for their own liability insurance coverage. 15. Fire Stores/Equipment Guidelines Upon discretionary assignment outside the Fire Response/Service Area, Forestry will issue to the FD fire stores as needed to complete the required minimum equipment inventory as specified in AOP. The FD will maintain the fire equipment issued under this Agreement in an operable condition. Issued equipment will be returned to the issuing Forestry Office upon completion of the assignment. Forestry will not hold the FD accountable for consumable fire supplies. Upon return from fire assignment all stores' items will be returned to the local Area Forestry Warehouse. Page 7 of 11 If non -consumable fire stores become broken, or otherwise unusable, the FD will return the damaged item, along with a statement (or appropriate forms) of how the item was damaged, to Forestry for repair or replacement. If an item becomes lost or damaged as a result of negligence by the FD, the FD will be liable for replacement. 16. Land Use and Facility Agreements Temporary rental of property for fire purposes requires the same degree of good business judgment, including reasonable price determinations, as any other procurement action. In making the determinations as to price fairness, consideration should be given, but not limited, to the following items: • Fair market rental rates for the property in the area • Costs to the property owner, loss of rental fees from other sources, disruption of business • Alterations needed and who will make them in a written scope of work • Impacts on the property • Costs of restoration, and who will do the restoration work • Duration of the rental, (emphasis should be on weekly or monthly rates), with a limit on total costs Pre -inspection and post -inspection shall be made on the premises using the forms found in the Forms section of the AIBMH, Chapter 16. The inspections can be documented on separate inspection documents if additional details or information are needed. Pre- and post -inspection photographs are required showing where actual damage occurred, which may result in a claim. Pre- and post - inspections shall note all improvements and conditions, including items such as fences, buildings, wells, cisterns, road conditions, etc. Further information can be found in the AIBMH, Chapter 16, Land/Facilities Acquisition. 17. Training Standards When responding outside its Fire Response/Service Area, all FD employees will be National Wildfire Coordinating Group (NWCG) certified at a minimum of Wildland Firefighter 2, which includes an annual fire line refresher Training and Work Capacity Test. All personnel hired as EFF by Forestry must meet established NWCG physical fitness and training standards for the position hired. Forestry may provide wildfire training material to the FD upon request. Training funds may be available through the Volunteer Fire Capacity (VFC) grants program. For further information see AOP. 18. Investigation and Prevention See AOP for Investigation and Prevention policy and procedures. 19. Annual Operating Plan (AOP) As soon as practical after this Agreement is executed and prior to March 15`h, then annually thereafter, the FD and the State Forester or his designee shall meet to negotiate an AOP. The subject matter of the AOP shall define the necessary operational details. At a minimum, the AOP should include mobilization procedures; approved rates; staffing; a map or description of response area; training and qualifications; contact information; education, prevention, investigation, and coordination procedures; and radio frequencies (communication coordination). Page 8 of 11 20. Notification Notification procedures are outlined in the AOP. 21. Parties Responsible for their own Acts FD and Forestry each agree that it will be responsible for its own acts and the results thereof, and that neither shall be responsible for the acts of the other. FD and Forestry each assumes its own risk and liabilities resulting from its acts under this Agreement. 22. Permits and Laws The parties shall acquire and maintain in good standing all permits, licenses, and other entitlements necessary to the performance under this Agreement. All actions taken by the parties under this Agreement shall comply with all applicable laws, statues, ordinances, rules, and regulations. 23. Non -Waiver The failure of the FD or Forestry at any time to enforce a provision of this Agreement shall in no way constitute a waiver of any provision in this Agreement, nor shall it in any way affect the validity of this Agreement. 24. Review and Modifications Forestry and FD agree to review this Agreement at least every five (5) years, but Forestry and FD may agree to modifications to this agreement at any time. All modifications to the Agreement shall be incorporated by written amendments to this Agreement and signed by the Division of Forestry & Fire Protection and the FD prior to becoming effective. 25. Fair Intent This Agreement has been jointly drafted by the parties following negotiations between them. It shall be construed according to the fair intent of the language as a whole and not for or against any party. 26. Agreement Effective Date and Termination This Agreement supersedes all other versions of this document. This agreement is effective as of the date of most recent signature and remains in effect until terminated in writing. Either party may terminate this Agreement at any time by giving written notice to the other party at least thirty (30) days before the effective date of such termination. • The CFPA is valid for 5 years after signing. Every 5 years the agreement will be reviewed and resigned. • The AOP is valid for 1 year. Every year it shall be reviewed and resigned. 27. Workplace Conduct The State of Alaska is an equal opportunity employer and does not discriminate in employment on the basis of race, color, religion, sex, national origin, age, disability, marital status, changes in marital status, pregnancy, and parenthood. This includes behavior such as making threats, abusive language, slurs, unwelcome jokes, teasing and other such verbal or physical conduct. Creating a hostile work environment will not be condoned. This includes verbal or physical conduct of a sexual nature, making unwelcome sexual advances or requests for sexual favors, and unreasonably interfering with the work of others. Page 9 of 11 28. Indemnification The Cooperator Fire Departments shall indemnify, hold harmless, and defend the Department of Natural Resources from and against any claim of, or liability for error, omission, or negligent act of the Cooperator Fire Departments under this agreement. The Cooperator Fire Departments shall not be required to indemnify the Department of Natural Resources for a claim of, or liability for, the independent negligence of the Department of Natural Resources. If there is a claim of, or liability for, the joint negligent error or omission of the Cooperator Fire Departments and the independent negligence of the Department of Natural Resources, the indemnification and hold harmless obligation shall be apportioned on a comparative fault basis. "Cooperator Fire Departments" and "Department of Natural Resources", as used within this article, include the employees, agents and other contractors who are directly responsible, respectively, to each. The term "independent negligence" is negligence other than in the Department of Natural Resources selection, administration, monitoring, or controlling of the Cooperator Fire Departments and in approving or accepting the Cooperator Fire Departments work. Page 10 of 11 Cooperative Fire Protection Agreement Signatures For State of Alaska, Department of Natural Resources, Division of Forestry & Fire Protection Regional Fire Management Officer Date State Forester Date DNR Procurement Officer For Cooperator Fire Department DAVID CONRAD Fire Chief or Designee Date Date 1L+ Date Page 11 of 11